Must a Louisiana Lawyer Have Malpractice Insurance?
No, the Louisiana Supreme Court does not require Louisiana lawyers to carry malpractice insurance or to disclose whether they do so. More than 12 years ago, the American Bar Association …
What Should I Do With Unidentified Funds in My Trust Account?
The Louisiana Supreme Court amended Rule 1.15 in March 2016 to address this issue. The answer: “A lawyer who learns of Unidentified Funds in an IOLTA account must remit the funds …
May I Share a Legal Fee on a Matter on Which I Otherwise Would Have a Conflict?
The ABA Standing Committee on Ethics and Professional Responsibility on April 21, 2016, issued a formal opinion addressing whether a lawyer may share a legal fee on a matter when …
Does Vicarious Liability Exist Among Lawyers Sharing an Office?
Perhaps, according to a March 11, 2016, United States District Court opinion in Wildasin v. Mathes, Civ. No. 3:14-cv-2036 (M.D. Tn. Mar. 11, 2016). In Wildasin, three Nashville lawyers formed a …
What Portions of a Lawyer’s File Must Be Surrendered to the Client?
Your representation is over. Whether it ended through completion of the underlying matter or through your termination by the client, what portions of the file must you surrender to your client (or …
Florida Approves Prelitigation Santization of a Client’s Facebook Page
May a lawyer advise a client to “clean up” social media pages by removing photos, videos, and other information that are “directly related to the incident for which the lawyer is …
New York Bar Updates Social Media Ethics Guidelines for Lawyers
As we discussed here in 2014, the New York State Bar Association issued Social Media Ethics Guidelines last year to help lawyers comply with the rules of professional conduct when …
Does an Affirmative Duty to Avoid Negligent Destruction of Evidence Exist in Louisiana?
As noted in a previous post, Louisiana requires parties involved in litigation to avoid the intentional destruction of evidence for the purpose of depriving an opposing party of its use. While it …
Must I Self-Report My Own Misconduct?
This is a question that I get a lot—usually on a Monday morning from a lawyer who had the misfortune of being arrested for DWI or another misdemeanor over the …
May I “Clean Up” My Client’s Social Media Pages in Advance of Litigation?
Yes, but don’t destroy any evidence. A 2015 Florida State Bar Association ethics advisory committee addressed whether a lawyer may advise a client to “clean up” social-media pages in anticipation of …